The D.C. Circuit held its Bench and Bar Judicial Conference in Colonial Williamsburg on June 23-26. In addition to the obligatory session on AI (led by Stanford’s Dan Ho), a review of the Supreme Court term (with Irv Gornstein, Kelsi Corkran, Roman Martinez, and Jeff Wall), and moving tributes to recently departed judges (Judge Urbina […]
Last week, the D.C. Circuit issued two opinions summarized below but also heard oral argument in the much-discussed dispute between AI developer Anthropic and the Defense/War Department. Let’s start with the oral argument. A panel of the D.C. Circuit comprised of Judges Henderson, Katsas, and Rao heard oral argument in Anthropic PBC v. U.S. Department […]
It’s spring and hope springs eternal. We are playing baseball again, Bryce Harper is emerging from a slump, the Nats are only 2 games out of first place (of course, they’ve played only 15 games), and the D.C. Circuit handed down five decisions this week in which there was only a single dissent! The partisans among […]
In Centro de Trabajadores Unidos, et al. v. Scott Bessent, in his capacity as Secretary of the Treasury, et al., No. 25-5181, ICE asked the IRS for addresses to assist in nontax criminal investigations. Plaintiffs sought to block the IRS from providing the addresses but lost in the district court. The D.C. Circuit affirmed the […]
There are weeks in which the D.C. Circuit announces decisions that justify its reputation as an appellate court that tackles some of the thorniest and most consequential legal matters. And then there are weeks like last week. The D.C. Circuit handed down three opinions. Maryland Office of People’s Counsel v. FERC, No. 24-1353 involved the […]
The Supreme Court hears oral argument today in Trump v. Slaughter, (No. 25-332), to decide whether Humphrey’s Executor v. U.S., 295 U.S. 602 (1935), should be overruled. On Friday, the D. C. Circuit weighed in to the ongoing debate over Humphrey’s Executor just in time to add to the weekend reading of the justices’ law clerks. President Trump fired […]
In a week when the D. C. Circuit issued no opinions, we find ourselves with some time on our hands. Given the dire warnings that our addiction to screens is creating a post-literate society with its attendant personal and social pathologies, this may be a good time to read a book. My recommendation is Justice […]
Two cases in the D.C. Circuit last week continue the drama created by the Trump Administration’s muscular and maximalist views of Executive power. Another was less dramatic. Shira Perlmutter began serving as Register of Copyrights and Director of the U.S. Copyright Office, a position housed within the Library of Congress and appointed and supervised by […]
The D.C. Circuit prides itself on making its decisions public in a timely fashion. An internal rule helps make that happen. A judge who has failed to circulate to the panel more than two of his assigned opinions by August 15 will not be allowed to hear arguments until he has. At first glance, one […]
Back in the day, cases involving detainees at Guantanamo Bay were argued in the D.C. Circuit regularly and frequently. Lately, not so much, but this week in al-Baluchi v. Hegseth, No. 23-5251 the D.C. Circuit was back at it again, dismissing the appeal of a detainee from a decision of the district court that denied […]
Who would have guessed that the most hotly contested legal issue in the federal courts in the spring of 2025 would be the propriety of an administrative stay? The D.C. Circuit was once again involved in the multitude of challenges to the multitude of President Trump’s executive orders and, once again, the issue was over […]
All eyes were on the D.C. Circuit this week for J.G.G. v. Trump, No. 25-5067. The case arises from President Trump’s March 15, 2025 Proclamation invoking the Alien Enemies Act (“AEA”), ch. 66, 1 Stat. 577 (1798) (codified as amended at 50 U.S.C. §§ 21-24) to order deportation of Venezuelan nationals that the federal government alleges […]
All was relatively quiet on the D. C. Circuit last week through the customary release of opinions on Friday, and then the storm hit. First, the calm. Only two decisions were released through Friday, neither of which has much significance beyond the interest of the parties. In Edward M.R. v. District of Columbia, No. 23-7143, the […]
The D. C. Circuit released only one opinion last week, on the last day of the year, and, fittingly, it involved a January 6 defendant. It will be interesting to see what the New Year brings for these defendants whose criminal activities have occupied so much of the recent time of the courts in the […]
Last Friday, the D.C. Circuit issued its decision in Alpine Securities Corp. v. FINRA, No. 23-5129, a closely-watched case about the authority of the Financial Industry Regulatory Authority (“FINRA”), a private corporation that regulates and oversees large parts of the securities industry. The case raised significant questions about whether FINRA exercises too much executive authority […]